Conservative Leader Pierre Poilievre is urging Prime Minister Mark Carney to invoke the notwithstanding clause to reinstate mandatory minimum sentences for possession of child sexual abuse material, following a Supreme Court ruling striking them down.
On Oct. 31, the court ruled 5-4 in Attorney General of Quebec v. Senneville that the Criminal Code’s one-year mandatory minimum for accessing or possessing child pornography violates Section 12 of the Charter, which prohibits cruel and unusual punishment.
The majority found the penalty could apply too broadly, citing hypothetical low-culpability situations such as an 18-year-old briefly receiving an unsolicited image from a 17-year-old. The case before the court involved two Quebec men convicted of possessing more than 1,000 images and videos of child sexual abuse.
Speaking in the House of Commons, Poilievre called the decision an outrage.
“Last week, the Supreme Court ruled that a one year prison sentence was too much for possession of child abuse and exploitation materials — that sentence was already far too low for the two dirtbags who had literally hundreds of impressions and videos of children being tortured," he said.
Poilievre added, "Will the Prime Minister do the right thing invoke the notwithstanding clause in order to put the rights of children ahead of the rights of those who abuse them?”
Carney responded, saying the Liberals will introduce legislation to protect children. He said he condemns, along with his colleagues, child exploitation and abuse.